That California court ruling that a bee can be a fish isn’t nuts at all. But nuts are involved.
AdvertisementBack to the bee case. Soon after the verdict began to make the rounds, University of Virginia law professoron the matter. I reached out to ask him a few questions about the ruling—in particular, how one court could say that the law covered bees while another didn’t.
Solum explained to me that the different decisions of the 2020 appeal and the 2022 appeal come down to the approach the judges use to interpret a law. The fundamental split in judiciary interpretations separates judges into textualists and purposivists. A textualist interpretation, such as the 2020 decision, looks at the full context in which a word is used, while a purpositivist interpretation tries to figure out what the overall goal of the statute was.
,” then the act should be broadly interpreted to protect any endangered species. And the semantic availability of “invertebrates” allows them to interpret it broadly, because Section 45 does not specify aquatic invertebrates.
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